ENGAGEMENT OF COURIER SERVICE TO DELIVER ELECTION MATERIALS AND
PARAPHERNALIA TO THE PHILIPPINESTERMS OF REFERENCE
The Philippine Embassy in Tokyo, Japan needs to engage the services of a qualified
and licensed courier service provider which would ensure a faster, efficient and timely
delivery of all election materials and paraphernalia used in the 2019 National and Local
Elections and previous years to the Commission on Elections, Philippines.

I.

SCOPE OF SERVICESThe Service Provider shall, to the satisfaction of the Philippine Embassy in Tokyo,
Japan, render, undertake and perform the following:
1. Forward deployment via sea cargo, if possible, of all election-related equipment,
paraphernalia, forms and supplies used in the 2019 National and Local Elections
and previous years to the Commission on Elections in the Philippines,
particularly:[enumerate election materials subject to reverse logistics]
2019 Election Materials, Equipment, and Paraphernalia
Total
WeightDimensionofContainer
(cm)

Qty

Unit/Box

Weight
(Kg)
Unit

1

Unit

9.50

9.50

52X91X124

3

Units

11.80

35.40

52X91X124

4

Units

12.20

48.80

52X91X124

4

Units

12.30

49.20

52X91X124

5. Sealed Ballot Box with
Cover (Precint Nos. 3, 4,
19, 21 & 27)

5

Units

12.50

62.50

52X91X124

Item/Description

Qty

Unit/Box

WeightTotal

Dimension

Item/Description
1. Sealed Ballot Box with
Cover (Precint No.41)
2. Sealed Ballot Box with
Cover (Precint Nos. 7,9, 28 )
3. Sealed Ballot Box with
Cover (Precint Nos. 5, 6,
16 & 29 )4.Sealed Ballot Box with
Cover (Precint Nos. 1,
17, 37 & 40)

6. Sealed Ballot Box with
Cover (Precint Nos. 6, 12,
13, 14, 18, 19, 20 & 26)
7. Sealed Ballot Box with
Cover (Precint Nos. 10,30, 31, 32, 33, 34, & 36)
8. Sealed Ballot Box with
Cover (Precint Nos. 2, 11,
15, 22, 23,24,31,35, 38 &39)
9. Thermal Paper
10. Box of Plastic Tape,Pens, Security Steel Tie
wrap

(Kg)
Unit

WeightofContainer
(cm)

8

Units

12.80

102.40

52X91X124

7

Units

13.00

91.00

52X91X124

10
1

Units
Box

13.30
12.00

133.00
12.00

52X91X124
55X40X20

1

Box

6.50

6.50

42X36X29

11. Box of Election Forms(Plastic Security Seals,
Security Seals with
Steel, Tie Wrap, etc.

1

17.00

17.00

55X49X20

12. RTS Mailing Envelope
13. Unused Mailing Packet
TOTAL

39
5
89

Box
Boxes
(220 pcs.
each box)
Boxes

15.00
17.00

585.0085.00
1,237.30

43X34X29
55X49X20

2016 Election Materials, Equipment, and Paraphernalia
Item/Description
1. Ballot Box w/o
Cover
2. Ballot Box Cover
3. Unused Brown
Envelope
4. Unused White
Envelope
5. RTS Mailing
Envelope

Total
WeightDimensionofContainer
(cm)

Qty.

Unit/Box

Weight(Kg) Unit

12

Units

6.5 kgs/Unit78

123X46X49

11

Units

2.7 kgs/Unit

29.7

93X49X43

2

Boxes

34.3 Kgs

68.6

47X32X233

Boxes

35.2 Kgs

105.6

52X30X19

5
3

Boxes
Boxes

50.1 Kgs/Unit
53.5 Kgs/Unit

250.5
160.5

52X37X24
56X46X43

6. Thermal Paper

1

Box

15.1

15.1

34x34x34

7. Pens
8. E74 IBM Colored
Monitor
TOTAL

1

Box

1.2

1.2

34x34x34

5
43

Units

20Kgs/Unit100
809.2050X53X44

Previous Years Election Materials, Equipment, and Paraphernalia
Item/Description2013 Election:
1. RTS
2. ER and Tally
Boards (blank)
2012 Election:
1. Unclaimed Ballots
2010 Election:
1. RTS

2004 Election:
1. RTS
2. Unclaimed Ballots
3. Paper Sealunused
4. Tally Boards blank
5. CLOV/CDs
backup & plasticbags (big)
6. CPU:a. OAV-018-CPU
b. OAV-007-CPU
c. OAV-019-CPU
d. OAV-010-CPU
e. OAV-016-05
7. Canon Camera
Digital PowerShot
A300
a. PC1045-6636319911
b. PC1045-6636203727

Qty.

Unit/Box

Weight(Kg) Unit

Total
WeightDimensionofContainer
(cm)

20

box

15.00

300.00

43X34X29

1

box

17.00

17.00

55X49X20

1

box

15.00

15.00

43X34X29

6

box

15.00

90.00

43X34X29

2

box

17.00

34.00

55X49X20

13
7

box
box

15.00
15.00

195.00105.00

43X34X29
43X34X29

4

box

15.00

60.00

43X34X29

1

box

17.00

17.00

55X49X20

box

15.00

30.00

43X34X29

5

unit

7.0

35.00

7

unit

2

2.00

55X49X20

c. PC1045-6536206706
d. PC1045-6536206838
e. PC1045-6636203802
f. PC1045-6636319985

TOTAL

69

900

2. Pack properly the cargoes from the Philippine Embassy in Tokyo (Post) inaccordance with its nature, and packing and shipping standards.
3. Pick up the cargo from the Philippine Embassy in Tokyo (Post) between [Office
Hours].
4. Delivery of cargoes to the COMELEC Central Warehouse.
Consignee: COMMISSION ON ELECTIONS
Address of Consignee: KM. 43, BGY. PULONG STA CRUZ,TAGAYTAY ROAD, STA. ROSA CITY,
LAGUNA, PHILIPPINES
5. Release of cargoes shall be made only to the addressee or to its authorized
representative.
6. Submit to the Philippine Embassy in Tokyo [Post] within thirty (30) calendar days,
reckoned from the Post’s dispatch the following:• Delivery Status Report and Delivery Receipts duly acknowledged by theaddressee or his/her authorized representatives, with signature over his/her
printed name as proof that the addressee has received the cargoes;• Other reports and relevant documents as may be required by the Post;• Billing/Statement of Accounts.
II. MINIMUM QUALIFICATIONS
1. The Service Provider must have a respectable track record in nationwide orinternational courier services and must have been in the same business for atleast three (3) years attested by previous or current clients through thesubmission of Certificate of Satisfactory Services Rendered or any other similar
document issued to it.
2. The Service Provider must have completed at least two (2) similar contracts.

3. The Service Provider must offer domestic and international courier.
4. The Service Provider must have branches nationwide and international.
5. The Service Provider should have assigned point person that will handle theaccount and all the necessary transaction of the Post with the courier service
provider.
III.

DURATION OF ENGAGEMENTThe Contract shall immediately take effect upon its execution and shallremain effective for a period of [date] from [date].
The Philippine Embassy in Tokyo, Japan [Post] reserves the right to terminate
this Contract for any cause which may include failure of the Service Provider
to perform in a timely and acceptable manner any of their works, duties,functions, responsibilities or obligations stipulated herein or failure to carry out
the tasks herein required in a manner acceptable to the Philippine Embassyin Tokyo [Post] or violation by the Service Provider of any of the terms andconditions of this Contract, subject to sanctions and remedies provided forherein and under the pertinent laws, rules and regulations.

IV.

RESPONSIBILITIES OF THE COMELEC
The COMELEC agrees to pay the Service Provider the Contract Price inaccordance with the mode and terms of payment set for in this Contract.
Whenever the performance of the obligations under this Contract requires theService Provider to obtain permits, approvals, import, and other licenses fromlocal authorities, the COMELEC shall, if so needed by the Service Provider,make its best effort facilitate and/or to assist the Service Provider incomplying with such requirements in a timely and expeditious manner.

V.

TERMS AND MANNER OF PAYMENT
Payment shall be made in [check] by the COMELEC within thirty (30)
calendar days upon receipt of the billing statement.
COMELEC shall pay the Service Provider for its services actually rendered.
Such payment shall not exceed Service Provider’s financial offers for thisproject in the total amount of [___________________________________]VAT exempt, inclusive of all other applicable taxes. For the purpose ofclaiming payments, the all-in rates of Service Provider are fixed and not
subject to variation or price escalation on any account.

V. CHARGING RATES
Rates shall be based on the amount of the award and no payment thereforshall be made except upon issuance by the COMELEC or its authorized
representative of a Certificate of Completion of delivery to COMELEC.
Rates are "ALL IN" for all Cargoes such as freight, relevant taxes as may be
applicable, subject to tax treatment on the exemption of this Commission fromtaxes and customs duties pursuant to RA 9369, insurance, handling fee, fuel,waybill issuance fees, and all other charges, fees or fiscal levies pertinent tothis Project, shipment of cargoes, including manpower.
In the quotation of rates, the following general parameters shall beconsidered:a. Actual weight or volumetric weight in kilograms, for cargo movement using
air, sea or land transportation, whichever is higher.
Volumetric weight of cargoes shall be computed according to International
Airfreight Transportation Association (IATA) standard, which is volume
weight in kilos equals length x width x height in centimeter (cm.) divided by
5,000.
b. During the weighing before dispatch of Cargoes, the COMELEC shalldetermine if the weight to be applied is actual or volumetric, in thepresence of the representatives of the Provider, Commission on Audit,
Finance Services Department and Internal Audit Department.
VII. APPROVED BUDGET FOR THE CONTRACT (ABC)The ABC for this Project is Twenty Two Thousand Eight Hundred Ninety Two US
Dollars [$22,892.00].
The ABC is merely an estimate for budget purposes and does not entitle thewinning bidder to claim the entire amount it offered during the bidding per lot orlots. Payments to the winning bidder shall be based on the actual/exact total
weight of delivered Cargoes up to two (2) decimal points, or the approved
minimum weight, whichever is applicable, as indicated in the BL, to be multipliedby the all-in rate/s offered by such bidder during the submission of bids.
VIII. CONFIDENTIALITY AGREEMENT
The winning bidder shall execute and sign a Confidentiality and Non-Disclosure
Undertaking upon Notice of Award.

SERVICE CONTRACT FOR THE DEPLOYMENT OF ELECTION EQUIPMENT,PERIPHERALS, FORMS SUPPLIES AND PARAPHERNALIA USED IN THE
2019 AND PREVIOUS YEARS FROM THE PHILIPPINE EMBASSY IN TOKYO,
JAPAN TO THE PHILIPPINESKNOW ALL MEN BY THESE PRESENTS:
This Contract is made and entered into this [date] in [Place], by andbetween:The [Post], (hereinafter referred to as “[Post]”)--- and --[Service Provider], (hereinafter referred to as “PROVIDER”),
The [Post] and the Service Provider shall hereinafter be individuallyreferred to as a “Party” and collectively as the “Parties”.
WHEREAS, [Post] wishes to obtain the Services of Service Provider;
WHEREAS, Service Provider has the skills, qualifications, and expertise required
to provide the Services to the [Post];
WHEREAS, Service Provider wishes to render such Services to [Post].
NOW, therefore, in consideration of the promises and covenants contained
herein, as well as other good and valuable consideration (the receipt andsufficiency of which is hereby acknowledged), the Parties do hereby agree asfollows:
Article 1 - DEFINITIONS: As used in this Agreement:
1.1. “COMELEC” refers to the Commission on Elections.
1.2. “Contract Price” refers to the price payable to the Service Provider under thisContract for the full and proper performance of its contractual obligations.
1.3. “Contract” refers to this agreement by and between the [Post] and Service
Provider, together with all its Annexes for this Project.
1.4. "Commencement Date" shall be used to refer to the date the Service
Provider begins work on the Services for the [Post]. The Commencement Dateshall be the date of service requested by the [Post] and accepted by Service
Provider.

1.5. "Completion Date" shall be used to refer to the date that the Service Provider
ill complete or cease the provision of Services to the [Post]. The Completion Dateis currently unknown, and for the purposes of this Agreement, will mean the datein the future that the Service Provider has completed the rendering of all services
to the [Post].
1.6. “Day” refers to calendar day.
1.7. “Delay” refers to the time difference or interval between the date when the
goods and/or services are supposed to be delivered as specified under thecontract and the date when the same are actually delivered for any reason
whatsoever even without demand on the part of the [Post].
1.8. “Effectivity Date” of the Contract will be the date of receipt by the Service
Provider of the Notice to Proceed or the date provided in the Notice to Proceed.
Performance of all obligations shall reckon from the Effectivity Date of thisContract.
1.9. “Services” refer to those general support services such as transportation andinsurance, and any other incidental services, such as installation, commissioning,provision of technical assistance, training, and other obligations of the Service
Provider covered under the Contract.
1.10. “Technical Requirements” refer to the technical bid submitted by theService Provider during the bidding process for the Project to prove its eligibility.
Article 2 - EFFECTIVITY:2.1. This Contract shall take effect upon the fulfillment of all of the following
conditions:a. Submission by the Service Provider of the Performance Security;b. Signing of this Contract in five (5) copies by the parties; andc. Receipt by the Service Provider of the Notice to Proceed.
2.2. The term of this Contract begins from the Effectivity Date until the release of
the Performance Security, without prejudice to the surviving provisions of thisContract including the warranty provision as prescribed in Article 10.
Article 3 – SCOPE OF THE PROJECT:
3.1. Forward deployment via sea cargo, if possible, of all election-related
equipment, paraphernalia, forms and supplies used in the 2019 National andLocal Elections and previous years to the Commission on Elections in thePhilippines, particularly: [enumerate election materials subject to reverse
logistics]
3.2. The Consignee of shall be the COMELEC.

3.3. Cargoes shall be picked-up from [Post].
3.4. The Service Provider shall pack properly the cargoes from the Philippine
Post in accordance with its nature, and packing and shipping standards.
3.5. Release of cargoes shall be made only to the addressee or to its authorized
representative.
3.6. Submit to the [Post] within thirty (30) calendar days, reckoned from thePost’s dispatch the following: • Delivery Status Report and Delivery Receipts duly
acknowledged by the addressee or his/her authorized representatives, withsignature over his/her printed name as proof that the addressee has received thecargoes; Operational Guidelines for the Delegation of Authority to Posts 16 •Other reports and relevant documents as may be required by the Post; and •Billing/Statement of Accounts.
Article 4 - DELIVERY TERMS AND CONDITIONS:
4.1. Service Provider agrees to strictly follow the instructions of [Post] in theperformance of its obligations and responsibilities under this Contract, the Termsof Reference (TOR), Schedule of Requirements, as well as any subsequent
agreement that may be reached by the parties in furtherance of [Post] shipment
requirements.
4.2. Service Provider shall exercise extraordinary diligence in the handling anddelivery of all cargoes. Any loss or damage to the shipments is subject to thepertinent provisions of this Contract.
4.3. The classification and quantity of the cargoes to be shipped out, thechargeable weights, destination, and other material details required to be
declared/manifested in the Bill of Lading shall be the exclusive concern of
COMELEC. All other matters shall be governed by Service Provider’s waybills.
4.4. All cargoes subject of deployment shall be weighed immediately uponreceipt by the [COMELEC] in the presence of Service Provider’srepresentative/s. Said weight shall be crossreferenced with the weight indicatedin Service Provider’s waybill to determine whether there is a discrepancy. If there
is a discrepancy, the [COMELEC] weighing scale shall prevail and the weightobtained therefrom shall be written on the waybills. The representatives of the[COMELEC] and Service Provider shall affix their signatures at the back of all
waybills.
4.5. Service Provider shall give priority to this shipment, and shall ensure that thesame are delivered on time, intact and undamaged, to the consignee specified in
the BL.
4.6. Service Provider shall use the cheapest but fastest means of transportation.
However, in case of urgency, Service Provider may, subject to prior approval ofthe COMELEC via [Post] employ all the necessary means, including transport byair or diversion of routes, to ensure that shipments shall arrive at intended
destination on time.
4.7. Failure of Service Provider to employ the most economical means oftransportation as warranted by circumstances, or if it has misrepresented in its
urgent or instant request to divert route/s, specifically if it is detrimental to theinterest of [Post} and COMELEC, the latter shall be entitled to reimbursement of
the difference in the rate/charge if the same were transported by the mosteconomical mode of transport (land or sea). This is without prejudice to civil and/or criminal actions that may be taken against Service Provider and motu proprio
termination of any existing contract or agreement with the [Post].
4.8. Service Provider shall be precluded from: a. Bumping off cargoes in favor ofother clients; b. Refusing to deliver the cargoes, unless due to force majeure or
fortuitous event; c. Exercising stoppage in transit or other analogous
circumstance, which would halt any cargoes in transit from proceeding to its
destination, except in case of fortuitous event or force majeure.
4.9. Upon the effectivity of this Contract, Service Provider shall deliver to [Post]
the following: Operational Guidelines for the Delegation of Authority to Posts 17 i.
an accurate, regular and timely cargo monitoring system or tracking device toregularly and frequently up-date the [Post] of all movements; and ii. an efficientmeans of updating the [Post] such as a valid and active e-mail account and a
website where the [Post]’s representative could conveniently and accurately
monitor the movements of cargoes;
4.10. The parties agree that this Contract, as well as its annexes, is subordinate
to the rules and regulations which may be imposed from time to time by thegovernment regulatory bodies pertaining to the shipment and transportation of
goods.
Article 5 – CONTRACT PRICE AND PAYMENT:
5.1. COMELEC shall pay the Service Provider for its services actually rendered.
Such payment shall not exceed Service Provider’s financial offers for thisdeployment project in the total amount of [_____________________] VAT
exempt, inclusive of all other applicable taxes.
5.2. For purposes of claiming payments, the all in rates of Service Provider are
fixed and not subject to variation or price escalation on any account.
5.3. Service Provider shall be paid after delivery of cargoes by the COMELEC
and receipt of billing statement.
5.4. All payments to Service provider shall be subject to deduction of applicable
withholding taxes, in accordance with law.

5.5. All payments shall be based on the rates and parameters stated in this
Article.
5.6. For purposes of determining claims to loss of shipment, the value indicatedin the BL shall be controlling.
5.7. Service Provider shall be entirely responsible for all the applicable taxes,
duties, license fees, and such other levies imposed for the completion of thisContract.
5.8. The Mode of Payment shall be through the Electronic Modified
Disbursement System (eMDS) to Service Provider’s account. It shall be throughAuthority to Debit Account prepared by COMELEC.
Article 6 – RESPONSIBILITIES OF POST:
6.1. During the provision of the Services, the Client hereby agrees to:a. Cooperate with the Service Provider for anything the Service Provider may
reasonably require;b. Provide any information and/or documentation needed by the Service Provider
relevant to the provision of Services or payment for the provision of Services;c. Require any staff or agents of the Client to co-operate with and assist theService Provider as the Service Provider may need;d. Make available to the Service Provider, without fee or cost, any facilities, which
may include, but are not limited to, a work space, computer, or other physicalequipment, the Service Provider may reasonably require.
Article 7 – RESPONSIBILITIES OF SERVICE PROVIDER:
7.1. Service Provider hereby agrees to provide [Post] the service as described in
Article 3 (Scope of the Project) of this Contract and the Terms of Reference(TOR).
7.2. The Services to be performed shall be done with utmost efficiency and caredemanded of a good father of a family in accordance with the Technical
Specifications and the Schedule of Delivery.
7.3. Service Provide shall not be liable for forfeiture of its security, liquidated
damages, or termination for default if and to the extent that its delay inperformance or other failure to perform its obligations under this Contract is theresult of a force majeure or an event which Service Provider could not haveforeseen, or which though foreseen, was inevitable. It shall not include ordinary
unfavorable weather conditions; and any other cause the effects of which could
have been avoided with the exercise of reasonable diligence by Service Provider.
Force majeure may include acts of God or the public enemy, war, riot, embargo,fire, explosion, sabotage, flood, accident, labor disputes, and other analogous
causes.
7.4. The liability of Service Provider for any loss, theft, robbery, damage to thecargoes and for such similar circumstances shall be governed by the pertinent
provisions of the Civil Code of the Philippines, other relevant laws and thisContract and of the TOR. Service Provider shall immediately notify [Post}] notlater than three (3) hours upon discovery of such loss, theft, robbery or damage.

Article 8 – RESPONSIBILITIES OF THE COMELEC:
8.1. COMELEC agrees to pay the Service Provider the Contract Price inaccordance with the mode and terms of payment set forth in Article 5 of thisContract.
8.2. Whenever the performance of the obligations under this Contract requires
the Service Provider to obtain permits, approvals, import, and other licenses fromlocal public authorities, the COMELEC shall, if so, needed by the Service
Provider, make its best effort facilitate and /or to assist the Service Provider incomplying with such requirements in a timely and expeditious manner.
Article 9 – WARRANTIES:
9.1. The Service Provider represents and warrants that it will perform theServices using reasonable care and skill for a Service Provider in their field andthat any end products or materials given by the Service Provider to the [Post]
under the terms and conditions of this Contract will not infringe on or violate theintellectual property rights or any other right of any third party.
Article 10 – ENTIRETY AND MODIFICATION OF CONTRACT:
10.1. Subsequent memoranda, letters of instruction, agreements and allcommunications coming from the parties shall form part and parcel of thisService Contract.
10.2. This contract cannot be altered, modified, amended, changed, extended,
waived or terminated, except in writing and signed by both parties.
Article 11 – TIME FOR PERFORMANCE:
11.1. Time shall be of the essence for the performance by the Service Provider of
its obligations under the Contract. Any dates, periods or times for performance
specified in the Contract are to be met, and in default, the Service Provider will
be in breach of the Contract.
Article 12 – TERMINATION:

12.1. This Contract may be terminated be either party, upon notice in writing to[Post]: a. If the other party commits a material breach of any term of thisAgreement that is not capable of being remedied within fourteen (14) days or thatshould have been remedied within fourteen (14) days after a written request andwas not; b. If the other party becomes unable to perform its duties hereunder,
including a duty to pay or a duty to perform; c. If the other party or its employees
or agents engage in any conduct prejudicial to the business of the other, or in theevent that either party considers that a conflict or potential conflict of interest hasarisen between the parties.
12.2. This Contract may be terminated by the Service Provider if the COMELEC
fails to pay any requisite fees within fifteen (15) after the date they are due as
stated in Article 5 of this Contract. If this Contract is terminated before theexpiration of its natural term, and for any and all expenditure due for payment
after the date of termination for commitments reasonably made and incurred byService Provider related to the rendering of Services prior to the date of
termination. Any termination of under this subpart shall not affect the accrued
rights or liabilities of either Party under this Contract or at law and shall be
without prejudice to any rights or remedies either Party may be entitled to. Any
provision or subpart of this Contract which is meant to continue after terminationor come into force at or after termination shall not be affected by this subpart.
Article 13 – DATA PRIVACY, SECURITY AND NON-DISCLOSURE CLAUSE:
13.1. All documents that the Service Provider shall receive from the [Post] in thecourse of the Project are deemed confidential information. In the event that theService Provider receives information from the [Post] which contains personal
information and sensitive personal information, it shall comply with the relevant
provisions of the Data Privacy Act of 2012.
13.2. The Service Provider shall keep all confidential information secret and shallnot disclose said confidential information except to those personnel involved inthis Project. Such personnel are bound by obligations of confidentiality no lesseffective than those contained in this Contract and applicable law and rules.
13.3. The Service Provider shall use the confidential information only to theextent necessary in connection with the purpose of the Project.
13.4. The Service Provider shall use the standard under the Data Privacy Act of2012 to establish and maintain satisfactory security measures to safeguard theconfidential information from unauthorized access or use.
13.5. The Service Provider undertakes not to make or have made any copy,
record or duplication of any of the confidential information or reduce it into writing
or in any medium if disclosed orally, without the prior written consent of theCOMELEC through [Post], except to the extent that is reasonably necessary for
the Project.
13.6. The Service Provider shall be liable for inadvertent, deliberate or
unauthorized disclosure and improper use of confidential information under
pertinent laws and rules.
13.7. All confidential information of the COMELEC, including any copies, thereof,
shall remain to be its property and shall be promptly returned by the Service
Provider upon the termination of this Contract. Upon such termination, all copies
made by the Service Provider of the confidential information of shall be promptly
sent by the Service Provider to the COMELEC through [Post].
13.8. All proprietary rights in the confidential information of the COMELEC shallremain vested in it. The confidentiality obligations contained herein shall remain
in force even after the termination of this Contract. In no case shall the Service
Provider retain any copy of the confidential information.
Article 14 - SETTLEMENT OF DISPUTES:
14.1. If any dispute shall arise between the Parties in connection with or arisingout of this Contract, the Parties shall make every effort to resolve amicably suchdispute by mutual consultation.
14.2. If after thirty (30) days, the Parties have failed to resolve their dispute bysuch mutual consultation, then either Party may give notice to the other Party of
its intention to commence arbitration, as hereinafter provided, as to the matter in
dispute, and no arbitration in respect of this matter may be commenced unlesssuch notice is given.
14.3. Any dispute in respect of which a notice of intention to commence
arbitration has been given in accordance with this Article shall be settled byarbitration by an arbitral tribunal composed of three (3) arbitrators. The firstarbitrator will be appointed by the Party giving notice of its intention to commence
arbitration, the second arbitrator, except for the case as specified hereinafter, will
be appointed by the other party within fifteen (15) days after the date on which
the latter has received notice of arbitration, and the third arbitrator, who will act
as Chairman of the arbitral tribunal, will be designated by mutual agreement of
the two arbitrators already appointed by the Parties within fifteen (15) days after
the appointment of the second arbitrator or, failing such agreement, by the
President of the Dispute Resolution Centre, Inc. (“PDRCI”). The President of the
PDRCI shall also designate: (i) the second arbitrator if the party receiving thenotice of arbitration has failed to nominate the second arbitrator; and (ii) the
replacement of any arbitrator who is unable or unwilling to accept theappointment or to continue acting as such. Arbitration may be commenced priorto or after the performance of the Services and the delivery of the Goods under
this Contract.
14.4. In the case of a dispute between the Parties, the dispute shall be resolvedin accordance with RA 9285, otherwise known as the Alternative Dispute
Resolution Act of 2004. The arbitration proceeding shall be conducted within
Metro Manila and the proceedings shall be conducted in English. The decision of
the arbitral tribunal shall be final and binding upon the Parties.
14.5. Notwithstanding any reference to arbitration herein, the Parties shallcontinue to perform their respective obligations under this Contract unless they
otherwise agree; and the COMELEC shall pay the Service Provider any monies
due the Service Provider.

Article 15 - GENERAL PROVISIONS:
15.1. GOVERNING LAW: This Contract shall be governed in all respects by thelaws of the [______________] and any applicable law. Both Parties consent tojurisdiction under the law where this Contract is executed.
15.2. LANGUAGE: All communications made or notices given pursuant to thisContract shall be in the English language.
15.3. ASSIGNMENT: This Contract, or the rights granted hereunder, may not be
assigned, sold, leased or otherwise transferred in whole or part by either Party.
15.4. NO WAIVER: None of the terms of this Contract shall be deemed to havebeen waived by any act or acquiescence of either Party. Only an additional
written agreement can constitute waiver of any of the terms of this Contract
between the Parties. No waiver of any term or provision of this Contract shallconstitute a waiver of any other term or provision or of the same provision on afuture date. Failure of either Party to enforce any term of this Agreement shall notconstitute waiver of such term or any other term.
15.5. SEVERABILITY: If any provision of this Contract is declared illegal,
unenforceable or void, the parties shall negotiate in good faith to agree upon asubstitute provision that is legal and enforceable and consistent with theintentions of the Project. The rest of this Contract that is not materially affectedby such declaration shall subsist.
15.6. NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: i) Any notice
to be given under this Contract shall be in writing and shall be sent by first classmail, air mail, or e-mail, to the address of the relevant Party set out at the head of
this Contract, or to the relevant email address set out below or other email
address as that Party may from time to time notify to the other Party inaccordance with this clause. The relevant contact information for the Parties is asfollows:[______Service Provider:_______] [_______Post:______________]IN WITNESS WHEREOF, the parties, acting through their duly authorized
representatives hereby sign this Contract this ____day of___________, 2021 in
the [_____________________].

[______Service Provider:_______] [_______Post:______________]
Witnesses:________________________________________ _____